Important to file for US citizenship application hearing on time.

USCIS n336

The request is considered improperly filed if an applicant files a hearing request 30 days after receiving the denial notice by USCIS on a US citizenship application. If USCIS mail it the applicant is given 33 days of time. There is also an option of applying for American citizenship
. The hearing request is treated as a motion if the untimely hearing request of the applicant meets either the motion to reopen or the motion to reconsider requirements. In such instances based on the merits of the case USCIS renders a decision. The request is rejected without a fee refund if the request does not meet the motion requirements of the USCIS.

Request for hearing is treated as motion to reopen?

If applicant presents new evidences and facts the USCIS will treat the request filed late as a motion to reopen and only if request is based on the following:

  • There was no issue with the eligibility for the requested evidence which lead to the denial of the application;
  • The required initial evidence was submitted with the application, or the request for initial evidence or additional information or appearance was complied with during the allotted period; or
  • To wrong address USCIS sent the relevant correspondence or before USCIS sent the correspondence change of address was filed by the applicant in a timely manner.

Applicant request for hearing, even though it was filed late, is treated as a motion to reconsider by USCIS if:

  • Reasons for reconsideration is explained by the applicant
  • based on an incorrect application of law or USCIS policy only relevant standard decisions establish that the decision to deny was; and
  • At the time of the decision based on the evidence of record the applicant establishes that the decision to deny was incorrect.

If unauthorized person or entity filed requests USCIS considers the hearing request improperly filed. Without refund of filing fee USCIS rejects these requests.

Authorized person files requests improperly?

Without properly filing a notice of entry appearance permitting that person as applicant’s representative if an attorney or authorized person files request for hearing USCIS considers a hearing request improperly filed. For such cases within 15 days the officer must ask the attorney or representative to submit a proper filed notice.

The hearing request is considered properly filed if the attorney or representative replies with a properly executed notice within 15 days by the USCIS officer. Through the officer’s own motion to reopen the officer may nevertheless make a new decision favorable to the applicant without notifying the attorney or representative if the attorney or representative fails to do so.

After hearing with a USCIS officer if the naturalization application is denied a naturalization applicant may request judicial review before a United States district court. Before the United States District Court having jurisdiction over the applicant’s place of residence the applicant must file the request. As a new trial the district court reviews the case de novo and after its fact findings makes conclusions based on law.

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